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Court order from portsmouth city council


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Im not sure if this is the correct place to add my comments, but you all seem to be people that know more about the law and council tax them me and I really need some help!!

 

Yesturday after recieving my pay slip from work, I noticed a large sum of money had been taken without my knowledge entitled COURT ORDER. I later found out this was a court order from portsmouth city council, this had been made without my knowledge or a summons or court appearance!! It was for council tax for my previous address, they have informed me they still believe that I live there and I owe a years worth of money, I moved out in June 09. However, I have been paying council tax to the same council under my name, just a different address since june, 09 and I have a copy of a letter from my letting agents to the council letting them know the date I moved out of this previous address!!

 

My current situation is that I now have a CCJ against me of £955, this will be taken directly from my salary ( I have no way of fighting that) until my debt is paid! I paid up to date council tax on this previous address (I have a reciept of a payment made the day I moved out) and have been told by the council that after their calculations I might get some money back but minus court fees (£150) because apparently I am liable for these!

 

I have no idea what to do! I've had £350 taken from my salary without notice, I don't earn enough to get through the month without this and the same will happen next month. I want to fight back as in my opinion they have made an unlawful court order with full knowledge that I do not owe it and made no attempt to contact me! Anyone know what I can do? Please help!

Edited by mickey253
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Im not sure if this is the correct place to add my comments, but you all seem to be people that know more about the law and council tax them me and I really need some help!!

 

Yesturday after recieving my pay slip from work, I noticed a large sum of money had been taken without my knowledge entitled COURT ORDER. I later found out this was a court order from portsmouth city council, this had been made without my knowledge or a summons or court appearance!! It was for council tax for my previous address, they have informed me they still believe that I live there and I owe a years worth of money, I moved out in June 09. However, I have been paying council tax to the same council under my name, just a different address since june, 09 and I have a copy of a letter from my letting agents to the council letting them know the date I moved out of this previous address!!

 

My current situation is that I now have a CCJ against me of £955, this will be taken directly from my salary ( I have no way of fighting that) until my debt is paid! I paid up to date council tax on this previous address (I have a reciept of a payment made the day I moved out) and have been told by the council that after their calculations I might get some money back but minus court fees (£150) because apparently I am liable for these!

 

I have no idea what to do! I've had £350 taken from my salary without notice, I don't earn enough to get through the month without this and the same will happen next month. I want to fight back as in my opinion they have made an unlawful court order with full knowledge that I do not owe it and made no attempt to contact me! Anyone know what I can do? Please help!

 

First let me reassure you, you don't have a CCJ registered against you, they will have obtained a liability order which is not registered or recorded at any credit ref agencies.

 

Ask you pay clerk for the ref no of the attachement of earnings order that he is using.

 

Go and see the council tax people in person and have a face to face chat.

 

When you have done that, and if you have no satisfaction, you can send a subject access request (which cost £10) and will get back everything the council has on you and will be able to see why this action has been taken.

 

If your council tax was up to date at the last address, and your owed them nothing, then you will be able to get the court fee returned as there was no reason to apply for a liability order.

 

They can only deduct a set amount:

 

Not exceeding £220 0%

Exceeding £220 but not exceeding £400 3%

Exceeding £400 but not exceeding £540 5%

Exceeding £540 but not exceeding £660 7%

Exceeding £660 but not exceeding £1,040 12%

Exceeding £1,040 but not exceeding £1,480 17%

Exceeding £1,480 17 in respect of the first £1,480 and 50 in respect of the remainder

 

That is a table of the percentage amounts they are allowed to deduct.

Edited by Conniff
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Hi, mickey253.

 

I have started a new thread for you.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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